Reservoir A Silent Check Valve Replacement Project VILLAGE OF OAK BROOK
CONTRACT FOR THE
RESERVOIR A SILENT CHECK VALVE REPLACEMENT PROJECT
Full Name of Contractor: Dahme Mechanical Industries, Inc. ("Contractor'')
Principal Office Address: 610 S.Arthur Avenue,Arlington Heights, Illinois, 60005
Contact Person:Kris Komorn Telephone Number: (847)253-0341
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Rick Valent, Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Sites described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
5. Miscellaneous. Do all other things required
A. Contract and Work. Contractor acknowledges, of Contractor by this Contract; and
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner 6. Quality. Provide, perform, and complete all
specified and described, and upon the terms and of the foregoing in a proper and workmanlike
conditions set forth, in this Contract, all of the following, manner, consistent with the standards of
all of which is herein referred to as the "Work": recognized professional firms in performing
Work of a similar nature, in full compliance
1. Labor Equipment Materials and Supplies. with, and as required by or pursuant, to this
Provide, perform, and complete, in the Contract, and with the greatest economy,
manner specified and described in this efficiency, and expedition consistent
Contract, all necessary work, labor, services, therewith, with only new, undamaged, and
transportation, equipment, materials, first quality equipment, materials, and
supplies, information, data, and other means supplies.
and items necessary for Reservoir A Silent
Check Valve Replacement Project as B. Performance Standards. Contractor
specified in Exhibit A, attached hereto, acknowledges and agrees that all Work shall be fully
located at 1915 York Road, Oak Brook, provided, performed, and completed in accordance with
Illinois 60523 ("Work Site"); the proposal dated August 4, 2022, attached hereto as
Exhibit A. In the event the quality of service becomes
2. Permits. The Village will furnish all unacceptable, the Village reserves the right to cancel
permits, licenses, and other governmental the contract after giving thirty(30)day written notice.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Bonds and Insurance. Procure and furnish responsible and liable for, and shall promptly and
all bonds and all insurance certificates and without charge to Village repair or replace, any damage
policies of insurance specified in this done to, and any loss or injury suffered by, the Village,
Contract; the Work, the Work Site, or other property or persons as
a result of the Work.
4. Taxes. Pay all applicable federal, state, and
local taxes;
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D. Inspection/Testing/Rejection. Village shall have
the right to inspect all or any part of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Term
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
2. Contract Price permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified
shall take in monthly payments for all Work and other in this Contract ("Commencement Date"). Contractor
matters set forth under Section 1 above, including further acknowledges and agrees that Contractor shall
overhead and profit; taxes, contributions, and premiums; perform the Work diligently and continuously and shall
and compensation to all subcontractors and suppliers, complete the Work no later than November 30, 2022
the compensation set forth below. ("Time of Performance"). The Village may modify the
Time of Performance at any time upon 15 days prior
A. SCHEDULE OF PRICES written notice to the Contractor. Delays caused by the
Village shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work, the Not-To-Exceed Contract Price of completion of all Work within the Time of Performance,
$19,788.00. notwithstanding any strike or other work stoppage by
employees of either Contractor or of the Village.
TOTAL CONTRACT PRICE (in writing):
4. Financial Assurance
Nineteen Thousand Seven Hundred and
Eighty-Eight Dollars Only A. Bonds. If the total contract cost is $20,000.00 or
more, the Contractor acknowledges and agrees that
B. BASIS FOR DETERMINING PRICES Contractor shall provide a Performance Bond, on forms
provided by, or otherwise acceptable to, the Village, from
It is expressly understood and agreed that: a surety company acceptable to the Village, each in the
penal sum of the Contract Price, within 10 days following
1. All prices stated in the Schedule of Prices the Village's acceptance of this Contract.
are firm and shall not be subject to
escalation or change; B. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
2. The Village is not subject to state or local evidencing the minimum insurance coverages and limits
sales, use, and excise taxes, that no such set forth in Exhibit B within 10 days following the
taxes are included in the Schedule of Prices, Village's acceptance of this Contract. Such policies shall
and that all claim or right to claim any be in form, and from companies, acceptable to the
additional compensation by reason of the Village. The insurance coverages and limits set forth
payment of any such tax is hereby waived Exhibit B shall be deemed to be minimum coverages and
and released; limits and shall not be construed in any way as a
limitation on Contractor's duty to carry adequate
3. All other applicable federal, state, and local insurance or on Contractor's liability for losses or
taxes of every kind and nature applicable to damages under this Contract. The minimum insurance
the Work are included in the Schedule of coverages and limits that shall be maintained at all
Prices. times while providing, performing, or completing the
Work are as set forth in Exhibit B.
C. TIME OF PAYMENT
C. Indemnification. Contractor acknowledges and
It is expressly understood and agreed that the agrees that Contractor shall indemnify and save
Village shall only make any final payments upon harmless the Village, its officers, officials, employees and
completion of the work and final approval. volunteers, against all damages, liability, claims, losses,
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and expenses (including reasonable attorneys' fee) that for the tax or the amount of tax, as set forth in 65 ILCS
may arise, or be alleged to have arisen, out of 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Contractor's performance of, or failure to perform, the Section 33E-4 of Article 33 of the Criminal Code of 1961,
Work or any part thereof, or any failure to meet the 720 ILCS 5/33E-1 et seg.
representations and warranties set forth in Section 6 of
this Contract. D. Qualified. Contractor has the requisite
experience, ability, capital, facilities, plant, organization,
D. Penalties. Contractor acknowledges and agrees and staff to enable Contractor to perform the Work
that Contractor shall be solely liable for any fines or civil successfully and promptly and to commence and
penalties that are imposed by any governmental or complete the Work within the Contract Price and
quasi-governmental agency or body that may arise, or be Contract Time set forth above.
alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the 7. Acknowledgements
Work or any part thereof.
In submitting this Contract, Contractor
5. Firm Proposal acknowledges and agrees that:
All prices and other terms stated in this Contract are A. Reliance. The Village is relying on all
firm and shall not be subject to withdrawal, escalation, warranties, representations, and statements made by
or change.
Contractor in this Contract.
6. Contractor's Representations and Warranties B. Acceptance. If this Contract is accepted,
Contractor shall be bound by each and every term,
In order to induce the Village to accept this Contract, condition, or provision contained in this Contract.
Contractor hereby represents and warrants as follows:
C. Remedies. Each of the rights and remedies
A. The Work. The Work, and all of its components, reserved to the Village in this Contract shall be
shall strictly conform to the requirements of this cumulative and additional to any other or further
Contract, including, without limitation, the performance remedies provided in law or equity or in this Contract.
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes D. Time. Time is of the essence in the performance
expressed in, or reasonably inferred from, this Contract of all terms and provisions of this Contract and, except
and the warranties expressed herein shall be in addition where stated otherwise references in this Contract to
to any other warranties expressed or implied by law, days shall be construed to refer to calendar days and
which are hereby reserved unto the Village. time.
B. Compliance with Laws. The Work, and all of its E. No Waiver. No examination, inspection,
components, shall be provided, performed, and completed investigation, test, measurement, review, determination,
in compliance with, and Contractor agrees to be bound decision, certificate, or approval by the Village, whether
by, all applicable federal, state, and local laws, orders, before or after the Village's acceptance of this Contract;
rules, and regulations, as they may be modified or nor any information or data supplied by the Village,
amended from time to time, including without limitation, whether before or after the Village's acceptance of this
if applicable, the Prevailing Wage Act, 820 ILCS Contract; nor any order by the Village for the payment of
130/0.01 et seq.; any other prevailing wage laws; any money; nor any payment for, or use, possession, or
statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the
classes; any statutes prohibiting discrimination because Village; nor any extension of time granted by the Village;
of, or requiring affirmative action based on, race, creed, nor any delay by the Village in exercising any right
color, national origin, age, sex, or other prohibited under this Contract; nor any other act or omission of the
classification; and any statutes regarding safety or the Village shall constitute or be deemed to be an acceptance
performance of the Work. Further, Contractor shall of any defective, damaged, or nonconforming Work, nor
have a written sexual harassment policy in compliance operate to waive or otherwise diminish the effect of any
with Section 2-105 of the Illinois Human Rights Act representation or warranty made by Contractor; or of
during the course of the work. any requirement or provision of this Contract; or of any
remedy,power, or right of the Village.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the
of state or local government as a result of (i) a intent of the parties to this Contract that should any
delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this
the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be
contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the
established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity,
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enforceability, and application to any Person or property applicable rate of prevailing of wages, as found or
shall not be impaired thereby, but the remaining ascertained by the Department of Labor and made
provisions shall be interpreted, applied, and enforced so available on the Department's Official website, or
as to achieve, as near as may be, the purpose and intent determined by the court on review, shall be paid for each
of this Contract to the greatest extent permitted by craft or type of worker needed to execute this contract or
applicable law. to perform such work, and it shall be mandatory upon
the contractor to whom the contract is awarded and upon
G. Amendments and Modifications. No amendment any subcontractor under him, to pay not less than the
or modification to this Contract shall be effective until it specified rates to all laborers, workers and mechanics
is reduced to writing and approved and executed by the employed by them in the execution of this contract.
corporate authorities of the parties in accordance with all L. Conflicts of Interest. Contractor represents and
applicable statutory procedures.
certifies that, to the best of its knowledge, (1) no elected
H. Assignment. Neither this Contract, nor any or appointed Village official, employee or agent has a
interest herein, shall be assigned or subcontracted, in personal financial interest in the business of the
whole or in part, by Contractor except upon the prior Contractor or in this Agreement, or has personally
written consent of the Village. received payment or other consideration for this
Agreement; (2) as of the date of this Agreement, neither
I. Governing Law; Venue. This Contract shall be Contractor nor any person employed or associated with
governed by, construed and enforced in accordance with Contractor has any interest that would conflict in any
the internal laws, but not the conflicts of laws rules, of manner or degree with the performance of the
the State of Illinois. Venue for any action arising out of obligations under this Agreement; and (3) neither
or due to this Contract shall be in the Circuit Court for Contractor nor any person employed by or associated
DuPage County, Illinois. with Contractor shall at any time during the term of this
Agreement obtain or acquire any interest that would
J. Certified Payrolls. Contractor shall, in conflict in any manner or degree with the performance of
accordance with Section 5 of the Illinois Prevailing Wage the obligations under this Agreement.
Act, 820 ILCS 130/5, submit to the Village, and upon
activation of the database provided by 820 ILCS 130/5.1 M. Exhibits and Other Agreements. If any conflict
to the Department of Labor, on a monthly basis, a exists between this Agreement and any exhibit attached
certified payroll. The certified payroll shall consist of a hereto or any other Agreement between the parties
complete copy of those records required to be made and relating to this transaction, the terms of this Agreement
kept by the Prevailing Wage Act. The certified payroll shall prevail.
shall be accompanied by a statement signed by the
Contractor or subcontractor which certifies that: (1) such N. No Disclosure of Confidential Information by
records are true and accurate; (2) the hourly rate paid is the Consultant. The Consultant acknowledges that it
not less than the general prevailing rate of hourly wages shall, in performing the Services for the Village under
required by the Prevailing Wage Act; and (3) Contractor this Agreement, have access, or be directly or
or subcontractor is aware that filing a certified payroll indirectly exposed, to Confidential Information. The
that he or she knows to be false is a Class A Consultant shall hold confidential all Confidential
misdemeanor. A general contractor may rely upon the Information and shall not disclose or use such
certification of a lower tier subcontractor, provided that Confidential Information without the express prior
the general contractor does not knowingly rely upon a written consent of the Village. The Consultant shall
subcontractor's false certification. Upon seven business
days' notice, Contractor and each subcontractor shall use reasonable measures at least as strict as those the
make available for inspection and copying at a location Consultant uses to protect its own confidential
within this State during reasonable hours, the records information. Such measures shall include, without
required to be made and kept by the Act to: (i) the limitation, requiring employees and subcontractors of
Village, its officers and agents; (ii) the Director of Labor the Consultant to execute a nondisclosure agreement
and his deputies and agents; and (iii) to federal, State, or before obtaining access to Confidential Information.
local law enforcement agencies and prosecutors.
K. Prevailing Wage. Pursuant to Section 4 of the
Illinois Prevailing Wage Act, 820 ILCS 130/4, Contractor
agrees and acknowledges that not less than the
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have caused-It.his Agreement to be executed, municipal corporation
effective on IS, 2022.
ATTEST:
By:
By: Charlotte Iruns,Village Clerk Greg' miners,Village Adana er
AT,rNST: DAHME MECHANICAL INDUSTRIES,INC.
By:
Its:
(�+Ti+k� i—wyai Its:
F
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EXHIBIT A
(PROPOSAL DATED AUGUST 4, 2022)
6
ANAU
DAMM MECHANICAL INDUSTRIES, D'C.
610 S.ARTsuR AvE.
ARLuvGmx HIMON",IL 60005
847-253-0341 FAX 847-253-9501
August 4,2022
Village of Oak Brook
3003 Jorie Blvd
Oak Brook,IL 60523
Attn: Rick Valent,Director of Public Works
Re: Site A Silent Check Valve Replacement
Oak Brook,IL
Rick:
Dahme Mechanical Industries is pleased to submit the following narrative as a proposed sequence and method(s) to
provide the discussed improvements at the project site referenced above:
■ Coordinate improvement and shut-down activities Village of Oak Brook(VoOB) personnel;improvements will
require a complete outage at each valve location
■ Remove (2) failed 12"flanged silent check valves and replace with flanged silent check valves with the same
trim and service options;ductile iron spools and/or filler flanges will be furnished as needed to complete the
installation in the space available
■ All hoisting and material handling equipment is included in our proposal
■ Commissioning is included
■ Construction debris to be disposed of offsite
■ Use of"house" sanitary facilities is required
■ One-year parts and labor warranty is included for DMI-furnished items only
EXCLUSIONS:
1. Dahme Mechanical Industries,Inc.shall not be held liable for any job site safety or job site maintenance
of any type upon completion of our work.
2. All agreements contingent upon strikes,accidents or delays beyond our control.
3. All work not included or described above.
4. All work not included in our trade agreements or reasonably assumed to be our responsibility
All material is guaranteed as listed above and specified above.Any additional items not included in our trade
agreements or clearly stated above are expressly excluded.Payment terms are net 100%,due upon completion.
otal rice:$19,788.0
Dahme Mechanical Industries,Inc.standard insurance is included.Any alteration or deviation from above
specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over
and above the estimate.This proposal may be withdrawn by us if not accepted within 30 days.
Thank you-
Kris Komorn
Dahme Mechanical Industries,Inc.
kkomotrn;u ddI1111C nCLhalliCal.Con1
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee
working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as
specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or
permit insurance against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work under the contract or permit, by either the contractor, permittee, or
their agents, representatives, employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability- $2,000,000 per occurrence for bodily injury,personal injury and property damage;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability -Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by the Village.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(i)The Village, its officers,officials, employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village, its officers, officials, employees,volunteers, or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's
insurance and shall not contribute with it.
(3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village,its officers,officials,employees, volunteers or agents.
(4)The Insured's insurance shall apply separately to each covered party against whom claim is made or
suit is brought except with respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A:VII.
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Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to
be on forms approved by the Village and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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